Franklin County Prosecutor Shayla Favor won't pursue child sex abuse charges against Whitehall City Councilmember Gerald Dixon, citing a lack of evidence.
Dixon was arrested by Whitehall Police in December one day before he was set to be sworn into a new term on council and accused of sexually abusing multiple underage boys dating back to 1996. Charges were initially dropped, but Whitehall Police Chief Mike Crispen said he'd seek a grand jury indictment because there was significant evidence to support the charges.
That evidence included artwork journal entries police found when serving a warrant at Dixon's home that allegedly detailed his attraction to underage boys. Dixon never denied these allegations.
Nya Hairston, a spokesperson for the prosecutor's office, said in a statement police didn't submit enough evidence to prove guilt beyond a reasonable doubt. She said the office will consider new evidence if Whitehall Police submit any.
"After a thorough review of the evidence submitted by the Whitehall Police Department regarding Mr. Gerald Dixon, our prosecutors have determined that we will not be moving forward with a presentation to the Grand Jury at this time. This decision was reached carefully and deliberately, following multiple meetings in which all parties fully evaluated and discussed the evidentiary issues," Hairston said.
Hairston said that while police need a reasonable belief that a crime occurred to make an arrest, prosecutors must prove guilt beyond a reasonable doubt to secure a conviction. She didn't rule out the possibility of future charges, noting that this gap exists to protect against wrongful conviction, but it also means cases that meet the standard for arrest may not yet meet the standard for prosecution.
"We value our partnership with Whitehall PD and remain committed to working collaboratively and transparently to ensure that cases brought forward are supported by evidence that meets legal requirements," Hairston said. "Any additional evidence submitted to our office will be thoroughly reviewed to determine whether the combined evidence meets the high standard of proof beyond a reasonable doubt."
Whitehall Police Chief Mike Crispen expressed his disappointment in the prosecutor's office's decision in a statement Monday afternoon. Crispen said he stands by the actions of the Whitehall Division of Police and that its investigation into Dixon continues.
“Sadly, when you consider research indicates that fewer than one in ten child sexual abuse cases results in conviction or guilty pleas, the findings of The Franklin County Prosecutor’s Office are not surprising. Confidence in whether you can win at jury is not the standard of law. Justice is. And by this standard, very few cases would go to grand jury," Crispen said.
Mark Collins, an attorney representing Dixon, said in a statement his office is very thankful for the county prosecutor’s office thorough review and professionalism.
"We agree that there was no probable cause to bring charges," Collins said.
A spokesperson for Whitehall Mayor Michael Bivens didn't immediately respond to requests for comment. Bivens was among elected officials who called on Dixon to resign after his arrest.
Last year, Dixon was the only councilmember that sided with the Fraternal Order of Police in a dispute with Crispen. Dixon is also part of a slim majority on Whitehall City Council elected in November that is critical of Bivens.
Columbus's FOP President Brian Steel said in a statement to WOSU the FOP believes the charges were politically motivated or that the investigation was poorly handled and needed to be taken over by outside, independent investigators. Steel criticized Bivens and Crispen for how the case was presented to the public and media.
City Councilmembers tried multiple times to remove Dixon from office, but failed. A recall petition to force Dixon off council began circulating in July.
